The requirements for adopting a child in Michigan can vary depending on a variety of factors, such as the adoptive parent’s relationship to the child, the child’s age and the county where the adoptive parent and/or the child reside. Two of the most common types of adoption include adoptions by stepparents and direct placement adoptions.
Stepparent Adoptions
Stepparent adoption in Michigan allows a stepparent to legally adopt their spouse’s child or children from a previous relationship, granting them the same rights and responsibilities as a biological parent. To initiate the adoption process, the stepparent must meet certain eligibility criteria and follow specific legal procedures. It is important to note at the outset that the stepparent’s spouse (the child’s biological parent) must have sole legal custody of the child to be adopted. The stepparent adoption process can vary by county and individual circumstance; however, it generally includes the following steps:
Step 1: Consent or Termination of Parental Rights
Consent of the biological, noncustodial parent is usually required for a stepparent adoption. If the other biological parent does not consent to the adoption, the court may terminate their parental rights if it determines termination is in the child’s best interests. In order to “involuntarily” terminate the biological parent’s rights, the Michigan statute requires that:
- The parent, having the ability to support, or assist in supporting, the child, has failed or neglected to provide regular and substantial support for the child, or if a support order has been entered, has failed to substantially comply with the order for a period of two years or more before the filing of the petition, and
- The parent, having the ability to visit, contact or communicate with the child, has regularly and substantially failed or neglected to do so for a period of two years or more before the filing of the petition. Additionally, if the child is 14 years of age or older, the child’s consent to the stepparent adoption is required.
Step 2: Filing an Adoption Petition
Next, a petition for adoption must be filed in the circuit court of the county where the adoptive parent resides. The process of petitioning the court will vary depending on the county and whether the biological, noncustodial parent consents to, or contests, the adoption.
Step 3: Home Study
After the petition has been filed, an adoption agency or a court-appointed investigator will conduct a home study to assess the suitability of the stepparent’s home environment for the child. The home study process may vary slightly depending on the adoption agency or professional conducting it. The home study aims to ensure that the adoptive home will serve the best interests of the child and to help prospective adoptive parents prepare for the adoption journey.
Step 4: Adoption Hearing and Finalization
The court will then schedule an adoption hearing where the judge will review the information provided and make a determination regarding the adoption. If the court finds that the adoption is in the child’s best interests, a final adoption order will be issued, granting the stepparent full legal parental rights and responsibilities.
Direct Placement Adoptions
Direct placement adoption (also referred to as “parental consent adoption”) is the process by which prospective adoptive parents directly arrange the adoption of a child with the child’s birth parents or a legal guardian. The direct placement adoption process generally includes the following steps:
Step 1: Pre-Placement Assessment
The adoptive parents must undergo a pre-placement assessment, also referred to as a home study. The primary purpose of a pre-placement assessment is to evaluate the prospective adoptive parents’ readiness, suitability and ability to provide a loving and stable home for a child. The assessment aims to protect the best interests of the child and ensure they will be placed in a safe and supportive environment. These assessments must be conducted by a licensed adoption agency, and may include interviews, background checks and a home visit. Upon completion of the pre-placement assessment process, the adoption professional or agency will compile a comprehensive written report and will make a determination regarding the prospective adoptive parents’ suitability for adoption. This report will be provided to the court and the birth parent(s).
Step 2: Parental Consent and Agreement
The parent of the child must consent to voluntarily relinquishing all parental rights over to the court for placement of the child with a specific adoptive parent. Consent may be given after the child’s birth or during the pregnancy, depending on the circumstances. If the parent consents to the placement, they enter into a written placement agreement with the prospective adoptive parents, outlining the terms and conditions of the child’s placement.
Step 3: Temporary Placement and Supervision
Upon execution of the placement agreement and pre-placement assessment, the child may be temporarily placed with the adoptive parent(s), during which an adoption agency or an adoption attorney monitors the child’s well-being and the adjustment of all parties involved.
Step 3: Petitioning the Court for Formal Placement
Within 45 days of the temporary placement, the adoptive parents must file a petition for adoption in the circuit court of the county where they reside. The petition includes information about the child, the adoptive parents and the circumstances of the adoption.
Step 4: Adoption Hearing and Finalization
The court will then schedule an adoption hearing where all parties involved, including the adoptive parents, birth parents and the child (if of appropriate age), may be required to attend. The judge will review the information provided and make a determination regarding the adoption. If the court finds that the adoption is in the child’s best interests, a final adoption order will be issued, granting the adoptive parents full legal parental rights and responsibilities.
Conclusion
It is important to note that these summaries provide a general overview of the stepparent and direct placement adoption processes in Michigan. The specific requirements and procedures may vary depending on the circumstances and the county where the adoption is taking place.
Varnum’s Family Law Team can help guide you through the often-complicated adoption process. Please contact your Varnum attorney with any questions.
2023 summer associate Cole Anderson contributed to this advisory. Cole is currently a student at Wayne State University Law School.